Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
  [e-mail]
  or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

August 17, 2005   Meeting Room A
Wednesday at 7:00 p.m.   Winnebago Co. Coughlin Bldg.
    625 E. County Rd. Y
    Oshkosh

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Joe Hennessy at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

This rule calls for implementation of a random permit-drawing system to distribute sturgeon spearing licenses for Lakes Poygan, Winneconne, and Butte des Morts (the “Upriver Lakes") in the Lake Winnebago System. This drawing system will enable the Department to create an annual, limited-access sturgeon spear fishery in the Upriver Lakes while preserving the traditional open-access sturgeon spear fishery in Lake Winnebago. Currently the upriver lakes are only open to spearing every 5th year.

There are developmental costs associated with creating the application form, modifying the ALIS system to incorporate permit applications, and tools to track and recall permit application status ($10,000, based on Bureau of Customer Service and Licensing estimates). Cost estimates for creating a drawing system, maintaining the applicant database and conducting the annual drawing are expected to be approximately $1120 for creation (40 hours time, Staff Specialist $28/hour) and $1120 annually for maintenance and conducting the drawing (40 hours time, Staff Specialist).

A $3 application fee will be charged to each applicant who makes an Upriver Lakes permit request. This fee will recoup the costs of permit and license issuance; estimates are based on 2000 applications annually ($6000 revenue, $6000 expense). Postcards ($0.50/ ea, including printing, postage, and handling) will be sent to approximately 800 successful applicants annually ($400). Sturgeon spearing carcass tags are $20 for both Lake Winnebago and the Upriver Lakes. Development, implementation, and maintenance of the permit-drawing system will be paid for by sturgeon license funds.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hennessy.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-074]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.041, 29.547 (8) (a) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.537 (8) (a), Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 24.06 (1) (a) and (b), Wis. Adm. Code, relating to closing the open seasons for commercial clamming on the Wisconsin-Iowa boundary waters and the Mississippi River portion of the Wisconsin-Minnesota boundary waters. Wisconsin's commercially harvestable native freshwater mussel stocks are in significant decline, especially in waters infested with zebra mussels. Surveys done since 1998 in river reaches where mussels were historically harvested have demonstrated extreme reductions in population densities and near absence of recruitment. These recent stock reductions compound reductions documented since 1980 from commercial overharvest and mussel kills. No commercial licenses have been sold since 2001 when a single license was sold.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
  [e-mail]
  or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

August 16, 2005   Robers Room
Tuesday at 11:00 a.m.   Todd Wehr Memorial Library
  815 S. 9th Street
  La Crosse

August 16, 2005   Conference Room #2
Tuesday at at 5:00 p.m.   City Hall
  214 E. Blackhawk
  Prairie du Chien
  (Use back entrance)

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Joe Hennessy at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

No commercial clam shelling licenses have been sold since 2001. The official closure of the commercial clam shelling season will have no fiscal impact on state or local government revenues or expenditures.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 1, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hennessy.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-071]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) and 227.11, Stats., interpreting ss. 23.09 (2) and 227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 58, Wis. Adm. Code, relating to the implementation and administration of grants for endangered resources, including the Landowner Incentive Program grants. The Landowner Incentive Program, funded through a grant from the U.S. Fish and Wildlife Service, will provide technical and financial assistance to private landowners with federally listed, state listed or other at-risk species and rare or declining natural communities on their land. The ultimate goal of the program is to support the recovery of these rare species and natural communities and to prevent their further decline.

Chapter NR 58, subch. III is created to establish this new program. The program is intended for management, restoration and protection of private land with habitat for at-risk species. At-risk species are defined by the Department to include species listed as endangered, threatened, candidate or special concern at the state or federal level; species identified by the Comprehensive Wildlife Conservation Plan; or species otherwise determined by the state to be in decline. The new program will provide a 25% cost-share to private landowners and organizations who meet the criteria of the program.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
  [e-mail]
  or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

August 23, 2005   Gathering Waters Conference Room
Tuesday at 6:00 p.m.   DNR South Central Region Hdqrs.
  3911 Fish Hatchery Road
  Fitchburg

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jennifer Bardeen at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Jennifer Bardeen, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 25, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Bardeen.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-053]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2) (a), Stats., interpreting s. 23.33 (2) (b) 5., Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 64.03 (10), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) registration exemption. 2003 Wisconsin Act 251 created s. 23.33 (2j), Stats., that requires all out-of-state ATVs not registered in Wisconsin to display a nonresident trail pass. Prior to operating an ATV in Wisconsin, current law requires all ATVs to be registered in Wisconsin unless exempted. The proposed rule for a registration exemption is necessary because s. 23.33 (2j), Stats., mandating the display of a nonresident trail pass did not address nonresident concerns whose home state, such as Illinois and Michigan, did not have an ATV registration program. The proposed rule will also require that the nonresident trail pass be permanently affixed to the forward half of the ATV in manner that is visible at all times.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
  [e-mail]
  or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

September 8, 2005   Video conference participation is Thursday at 10:00 a.m.   available at:

    Room 8F, State Office Building
    101 E. Wilson Street
    Madison

    Room 220, UW Marathon Center
    518 South 7th Avenue
    Wausau

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Brooks at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

This fiscal estimate is based on a proposed ATV registration exemption rule that would affect out of state ATV operators who bring nonresident ATVs (specifically Michigan and Illinois) to Wisconsin. Instead of requiring the display of a home-state registration, the rule would require the nonresident ATV to display only a Wisconsin nonresident trailpass on the machine, unless they opted to continue to register the ATV in WI.

Currently, nonresident ATV operators from Michigan and Illinois are required to register their machines in WI because of a legal requirement stemming from an irregularity in the law. If the states of Michigan and Illinois had a registration program, the residents of those states would not be affected by the irregularity. However, because of the irregularity, those ATVers cannot simply ride their ATVs in Wisconsin displaying only a nonresident trailpass, and at this time, the purchase of a nonresident trail pass by Michigan or Illinois ATVers is a cost that affords no legal riding benefit.

The rule change could affect Wisconsin's registration of 9,218 ATVs from Illinois and 367 ATVs from Michigan. The combined total of Wisconsin registered ATVs from those states is 9,585. Each Wisconsin registration costs $30 for a two-year period, which generates $287,550 biennially. Since all ATV registrations don't expire at the same time every two years, only about 50% of the 9,585 registrations expire annually, or 4,793 registrations, which equals $287,550 and $143,775 respectively. The proposed rule could initially be viewed as a negative impact to the registration program; however, those machines not registering in WI would in turn be required to display a nonresident trail pass. The cost of a nonresident trail pass costs $18 annually.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Brooks.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-054]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2) (a), Stats., interpreting s. 23.33 (6m), Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 64.07 (3) and (4), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) noise testing procedure. 2003 Wisconsin Act 251 created a new law regarding ATV noise emissions, s. 23.33 (6m), Stats., which prohibits a person or manufacturer from selling, renting or operating an ATV if the noise level from the ATV exceeds 96 decibels on the A scale in a manner prescribed under rules promulgated by the DNR. The A scale is a measuring technique that uses a sound meter to measure noise in the same manner that a human ear interprets noise. The Department proposes to use an existing noise-measuring standard (SAE 1287) that is approved by the Society of Automotive Engineers. This standard is consistently used by governing agencies that regulate noise laws.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
  [e-mail]
  or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

September 8, 2005   Video conference participation is
Thursday at 10:00 a.m.   available at:

  Room 8F, State Office Building
  101 E. Wilson Street
  Madison

  Room 220, UW Marathon Center
  518 South 7th Avenue
  Wausau

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Brooks at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

State statute 23.33 (6m) pursuant to Wisconsin 2003 Act 251 restricted noise levels from ATVs. The Act did not prescribe a method to measure the noise. The method was to be promulgated in a rule by the department. Funding to acquire the noise measuring equipment was also provided in Act 251 as was operating dollars for patrol and training. The rule is procedural and any unanticipated costs will be absorbed by the ATV program.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Brooks.

Notice of Hearing

Natural Resources

(Environmental Protection-
Pollution Discharge System, Chs. NR 200—)

[CR 05-075]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.16, 281.19, 281.41, 281.65, 283.001, 283.11, 283.13, 283.31 and 283.37, Stats., interpreting ss. 227.11 (2), 281.16, 281.19, 281.41, 281.65, 283.001, 283.11, 283.13, 283.31 and 283.37, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 243, Wis. Adm. Code, relating to animal feeding operations. Included in ch. NR 243 are requirements for large, medium and small concentrated animal feeding operations (CAFOs) under the Wisconsin Pollutant Discharge Elimination System (WPDES) permit program. The major provisions of the code revision are:

•   Animal units: The Department is proposing changes to animal unit equivalencies used to determine the size thresholds for CAFOs (large, medium and small). These changes are primarily the result of changes to federal animal unit numbers and mostly impact operations with heifers or veal calves or poultry operations with a non-liquid manure handling system.

•   General permits: The proposed revisions outline application and general eligibility and coverage requirements for issuance of a general WPDES permit that could be used to cover CAFOs.

•   Standard CAFO requirements: The rule changes include a number of standard requirements designed to address potential water quality impacts from CAFOs and to incorporate federal requirements. Some of these include managing areas of the operations where animals are not held in confinement (CAFO outdoor vegetated areas), mortality management, restrictions on chemical disposal in storage or containment facilities, stormwater controls and development of an emergency response plan.

•   Nutrient management and NRCS 590: The Department is proposing to incorporate an updated version of the Natural Resources Conservation Service (NRCS) technical standard for nutrient management (NRCS 590, November 2004) as well as other nutrient management requirements.

•   Surface Water Quality Management Area (SWQMA) restrictions: The proposed revisions identify conservation practices to be implemented within the SWQMA (1,000 feet of a lake, 300 feet of a stream) to protect against acute manure runoff events and long-term nutrient delivery to surface waters. These provisions are also intended to address federal requirements mandating a 100-foot setback from navigable waters/conduits to navigable waters (or equivalent) or a 35-foot vegetated buffer.

•   Manure application restrictions on frozen or snow-covered ground: Key proposed revisions include: (1) A prohibition on surface applications of liquid manure on frozen or snow-covered ground at all times; and (2) A prohibition on surface applications of solid manure on frozen or snow-covered ground in February and March. Proper incorporation or injection of liquid and solid manure would be allowed under frozen or snow-covered ground conditions at all times. These liquid manure restrictions would become effective on January 1, 2010 for existing source CAFOs and upon permit issuance for new source CAFOs.

•   Phosphorus delivery: All CAFOs would be required to implement phosphorus-based nutrient management. In addition to the phosphorus requirements in NRCS Standard 590, the proposed revisions add additional restrictions intended to address phosphorus delivery to surface waters.

•   Groundwater protection: The proposed revisions include increased setbacks from karst features, drinking water supply wells and additional application restrictions based on separation distances to groundwater and bedrock.

•   Manure stacking: The proposed rule revisions allow for the temporary unconfined stacking of solid manure with 16% solids or greater during winter months in lieu of storage in a designed storage facility.

•   Responsibility for CAFO manure: The revisions identify the circumstances under which CAFOs are not considered to be responsible for the disposal/land application of the manure they generate.

•   Monitoring/inspections/reporting: The revisions reflect federal monitoring, self-inspection and reporting requirements as well as additional requirements for maintaining and determining compliance with nutrient management requirements.